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CONOVER v. NEWTON

No. 112.

256 S.E.2d 216 (1979)

297 N.C. 506

CONOVER v. NEWTON. Birch A. ALLMAN et al. v. The CITY OF NEWTON. In re ANNEXATION ORDINANCE BY the CITY OF CONOVER.

Supreme Court of North Carolina.

July 12, 1979.

Attorney(s) appearing for the Case

Sigmon & Sigmon by Jesse C. Sigmon, Jr., Newton and Womble, Carlyle, Sandridge & Rice by Roddey M. Ligon, Jr., Winston-Salem, for appellant-City of Newton.

Corne & Pitts by Larry W. Pitts, Newton, for appellant-petitioners.

Williams, Pannell & Lovekin by Martin C. Pannell, Newton; Patton, Starnes & Thompson by Thomas H. Starnes, Morganton, and Lake & Nelson by Broxie J. Nelson, Raleigh, for appellee-City of Conover.

Isenhour & Long by David L. Isenhour, Newton, for appellees-Allman, et al.

BROCK, Justice.

Appellant-Newton first raises a series of procedural assignments of error, which it is contended require this Court to reverse the superior court's orders in Allman v. Newton and Conover v. Newton. These assignments of error although made on independent grounds are closely related in nature and will be considered together.

First, appellant-Newton contends that the trial court committed prejudicial error by proceeding to hear the...

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